Imaginary wheelchair and imaginary steps

I am completing my first ESA 50. Being a wheelchair user, I have provided evidence that I cannot mount or descend two steps unaided by another person even with the support of a handrail by stating it is contrary to safety advice in my wheelchair manual. In it, it states, “Getting up and down kerbs should only be attempted when a carer or attendant are controlling the wheelchair.” Kerbs are essentially steps. That is nine points.

So, if they put a claimant in an imaginary wheelchair, could the claimant not argue that they cannot mount or descend two imaginary steps? The ESA handbook does not mention use of a wheelchair in respect of this part of the descriptor, (probably because it relates to steps on stairs) but I believe this part of the descriptor was written to cover wheelchairs users too. I believe wheelchairs and stairs do not mix at all.

thanks for this info, my friend scored 0 points because they say he could mobilise in a manual wheelchair because he has no upper body problems - he has COPD! this will be good additional ammo in his appeal

Nixart, I would suggest that you hold fire until one of my fellow mods has commented on the OP.

nixart wrote:

thanks for this info, my friend scored 0 points because they say he could mobilise in a manual wheelchair because he has no upper body problems - he has COPD! this will be good additional ammo in his appeal

Hi n,

There is an obvious argument regarding the use of a manual wheelchair unaided, when suffering with respiratory conditions such as COPD.

This case law regarding use of aids may help :

www.dwp.gov.uk/docs/m-24-12.pdf

Also, if your friend has spirometry tests at the G.P.'s or other clinic, results from these can be obtained, they may be useful.

Your friend may also find that they have been graded on the MRC Breathlessness Scale, (1-5, 5 being the most severe), the Peak Flow reading may also be of help.

bro58

Gordon wrote:

Goplacidly wrote:

I am completing my first ESA 50. Being a wheelchair user, I have provided evidence that I cannot mount or descend two steps unaided by another person even with the support of a handrail by stating it is contrary to safety advice in my wheelchair manual. In it, it states, “Getting up and down kerbs should only be attempted when a carer or attendant are controlling the wheelchair.” Kerbs are essentially steps. That is nine points.

So, if they put a claimant in an imaginary wheelchair, could the claimant not argue that they cannot mount or descend two imaginary steps? The ESA handbook does not mention use of a wheelchair in respect of this part of the descriptor, (probably because it relates to steps on stairs) but I believe this part of the descriptor was written to cover wheelchairs users too. I believe wheelchairs and stairs do not mix at all.

You make an interesting argument, the key issue is would any reasonable person assume that the test for mounting or descending two steps should include a wheelchair, I have to say that my personal opinion is that they would not.

I am assuming that you are not paraplegic, and have some use of your legs, otherwise you would indeed meet the descriptor, albeit, I would suggest, for other reasons.

Of course this does not mean that you can argue your position, but I would not rely on it to get you over the 15 points required for the WRAG.

Gordon

Thank you Gordon. I see your point. I have use of my legs, but due to vertigo and for reasons of safety I use a wheelchair to prevent falls.
But it may be useful for claimants who have scored nothing for 1. Mobilizing etc. because they are assessed as using a wheelchair. It is assumed by ATOS they can use one. Therefore, the claimant should be able to assume they cannot mount or descend two steps unaccompanied in a wheelchair because it is contrary to wheelchair safety.

My wheelchair was supplied by the NHS in East Anglia. That would cover a lot of claimants assessed in this way.